Terms

DUCKOR SPRADLING METZGER & WYNNE

TERMS OF USE

Duckor Spradling Metzger & Wynne, A Law Corporation ("DSMW") makes information available on this website subject to the following terms and conditions ("Terms of Use").  By accessing or using DSMW’s website, you agree to these Terms of Use. If you do not accept these Terms of Use, you may not use or access this website.

 

DSMW reserves the right to change these Terms of Use from time to time in its sole discretion and without notice. Your use of this website will be subject to the most current version of the Terms of Use posted on the website at the time of such use. You agree to periodically review these Terms of Use, to ensure that you are aware of any changes to them.  In addition, you shall be subject to any posted guidelines or rules that may contain terms and conditions in addition to those in these Terms of Use.  All such guidelines or rules are hereby incorporated by reference into these Terms of Use.  If you breach any of these Terms of Use, your authorization to use this website automatically terminates.

 

COPYRIGHT; LIMITED LICENSE; USER CONDUCT

 

      The information, content and service marks (collectively, “Information”) contained on this website are protected by copyright and/or other intellectual property laws and any unauthorized use of the Information may violate such laws.  Except as provided in these Terms of Use, DSMW does not grant any express or implied right or license to use any Information contained on this website, and no portion of the Information on this site may be reproduced in any form or by any means without the prior written permission of DSMW.  Except as otherwise indicated elsewhere on this website, you may view, download and print the Information available on this website subject to the following conditions:

 

  • The Information may be used solely for personal, informational, internal, non-commercial purposes.
  • The Information may not be modified or altered in any way.
  • The Information may not be distributed by you to others.
  • You may not remove any copyright or other proprietary notices
    contained in the Information.
  • DSMW reserves the right to revoke your authorization to view, download and print the Information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from DSMW.
  • The rights granted to you constitute only a limited, non-exclusive, non-sublicensable and non-transferable license and they do not constitute a transfer of title.
  • Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

     

DISCLAIMER

 

Your use of this website does not create an attorney-client relationship between you and DSMW.  None of the Information contained on this website shall be deemed to constitute legal advice to you and you are not authorized or encouraged to rely on such Information for any purpose.  If you require legal advice with respect to a particular legal issue, please contact us to discuss the establishment of an attorney-client relationship.

****CONFIDENTIAL INFORMATION****CONFIDENTIAL INFORMATION

E-mail transmissions and any attachments contain confidential information from Duckor Spradling Metzger & Wynne, A Law Corporation, which may be protected by the attorney client privilege and/or the work product doctrine. If you are not the intended recipient, you may not read, copy or use this information. Please notify the sender immediately by reply e-mail and delete this message.

Redlined documents are prepared for your convenience using third party software, and we do not guarantee that all changes are identified, so we encourage you to review the documents carefully to confirm all the changes we have discussed have been made.

 

 

DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY AGREE THAT YOU ARE USING THIS WEBSITE AND THE INFORMATION CONTAINED ON THIS WEBSITE AT YOUR SOLE RISK.  THE WEBSITE AND ALL INFORMATION ON THIS WEBSITE ARE PROVIDED "AS IS" ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, DSMW MAKES NO WARRANTY THAT (i) THE WEBSITE AND INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND INFORMATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS.

 

THIS SITE COULD INCLUDE MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. DSMW MAY MAKE CHANGES TO THE INFORMATION ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE. THE INFORMATION ON THIS WEBSITE MAY BE OUT OF DATE AND DSMW MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION.

 

DSMW ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION WHICH IS REFERENCED BY OR LINKED TO THIS WEBSITE. REFERENCES TO OTHER ORGANIZATIONS, AND THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

DSMW MAKES NO WARRANTY CONCERNING THE ACCURACY, INTEGRITY OR QUALITY OF THE CONTENT ON DSMW’S WEBSITE. YOU USE AND RELY UPON SUCH CONTENT AT YOUR OWN RISK.  THE USE OF THIS SITE OR THE DOWNLOADING OF ANY INFORMATION THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

YOU AGREE THAT NEITHER DSMW NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, ATTORNEYS, AGENTS OR PERSONNEL SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE OR ANY WEBSITE REFERENCED IN OR LINKED TO THIS WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST DSMW AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, ATTORNEYS, AGENTS AND PERSONNEL FOR LOSSES OR DAMAGES YOU SUSTAIN AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE AND THE INFORMATION CONTAINED ON THIS WEBSITE.  UNLESS CONTAINED IN THESE TERMS OF USE, NO WARRANTY BETWEEN YOU AND DSMW IS ENFORCEABLE, WHETHER SUCH ALLEGED WARRANTY IS MADE ORALLY OR IN WRITING, IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE.

 

LINKS TO OTHER WEBSITES

 

This website may contain links to third-party websites that are not under the control of DSMW. DSMW makes no representations whatsoever about any other website to which you may have access through this website. When you access a non-DSMW website, you do so at your own risk and DSMW is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. DSMW provides these links merely as a convenience and the inclusion of such links does not imply that DSMW endorses or accepts any responsibility for the content or uses of such websites.

 

           

USER’S REPRESENTATIONS AND WARRANTIES

 

You represent and warrant that you are at least 18 years of age and that you have the legal right and ability to enter into and be bound by these Terms of Use. You represent and warrant that you have read these Terms of Use and that you agree to be bound by them and to comply with your responsibility as stated in these Terms of Use.  In addition, as a condition of accessing and using DSMW’s website, you agree not to do any of the following:

 

                        (a)        transmit unlawful, threatening, harassing, tortious, defamatory, obscene, pornographic, libelous or offensive content, as determined by DSMW in its sole discretion;

 

                        (b)        impersonate an individual, organization or entity or misrepresent your affiliation with an individual, organization or entity;

 

                        (c)        disguise the source of content transmitted through DSMW’s website;

 

                        (d)       transmit content that you are not authorized by law, contract or otherwise to transmit;

 

                        (e)        transmit content that solicits or advocates violence or other criminal conduct;

 

                        (f)        transmit content in violation of another party’s patent, trademark, copyright, trade secret or other proprietary rights;

 

                        (g)        transmit advertising or promotional materials or solicit customers in any fashion;

 

                        (h)        transmit junk mail, “spam,” chain letters or pyramid schemes;

 

                        (i)         transmit content containing software viruses or any other computer code, files or programs developed and intended to interfere with, restrict or eradicate the functionality of computer software, hardware or telecommunications equipment;

 

                        (j)         engage in conduct that disrupts other users’ ability to engage in information exchanges with DSMW;

 

                        (k)        disrupt DSMW’s website, servers or networks; or

 

                        (l)         violate any local, state, national or international law.

 

GOVERNING LAW AND SEVERABILITY

 

This agreement shall be governed by and construed under the laws of the State of California.  If any provision of this agreement is invalid or contravenes California law, such provision shall be deemed not to be a part of this agreement and shall not affect the validity or enforceability of the remaining provisions.

 

WAIVER

 

Waiver of any provision of these Terms of Use shall not be deemed or constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver.

 

PROPRIETARY RIGHTS

 

DSMW reserves complete and sole discretion with respect to the operation of its website and the Information. DSMW expressly retains all proprietary and ownership rights to the website and the Information, subject only to the provisions of these Terms of Use.

     

© 2012 Duckor Spradling Metzger & Wynne, A Law Corporation.  All rights reserved.     

 

 

 
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